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“Health Law”

Chapter for Annual Survey of Wisconsin Law, 2016 Edition By Alyce C. Katayama, Sarah E. Coyne, Elizabeth R. Gebarski, Samuel A. Magnuson

Below is an excerpt:

This chapter reviews the significant judicial, legislative, and administrative law developments of 2015 in the area of health law. Courts again addressed the validity of the requirement that physicians in Wisconsin performing abortions have admitting privileges at a hospital within 30 miles of their clinic. Courts also addressed issues such as whether attorneys who have obtained client consent to retrieve the client’s health records are exempt from paying the certification and retrieval fees; whether filling out a form that places the responsibility on a third-party payor to provide contraceptive coverage imposes a substantial burden on a religious organization; and whether health insurance subsidies under the Affordable Care Act are available in states that have a Federal Exchange. The legislature passed laws that prohibit physicians from performing abortions when an unborn child is “capable of experiencing pain”; permit pharmacies to dispense opioid antagonists under a standing order; and, transfer the authority to operate the Prescription Drug Monitoring Program to the Controlled Substances Board.

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